Independent Pricing and Regulatory Tribunal Regulation 2002 (NSW)

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Independent Pricing and Regulatory Tribunal Act 1992.

Premier

Part 1Preliminary1Name of Regulation

This Regulation is the Independent Pricing and Regulatory Tribunal Regulation 2002.

2Commencement

This Regulation commences on 1 September 2002.

Note—

This Regulation replaces the Independent Pricing and Regulatory Tribunal Regulation 1996 which is repealed on 1 September 2002 under section 10 (2) of the Subordinate Legislation Act 1989.

3Definitions

In this Regulation:

dispute means a dispute referred to in section 24A of the Act.

the Act means the Independent Pricing and Regulatory Tribunal Act 1992.

4Notes

Notes included in this Regulation do not form part of this Regulation.

Part 2Application of Commercial Arbitration Act 19845Object of Part

The object of this Part is, in accordance with section 24A (2) of the Act, to modify the application of the Commercial Arbitration Act 1984 to the arbitration of a dispute.

6Appearance of legal practitioners(1)

A party to a dispute may be represented in proceedings before an arbitrator or umpire by a legal practitioner only by leave granted by the arbitrator or umpire.

(2)

An arbitrator or umpire may grant leave only if he or she is of the opinion:

• (a)

  that representation of the party by a legal practitioner is likely to shorten the hearing of the dispute or to reduce the costs of the dispute, or

• (b)

  that the party would be unfairly disadvantaged if the party was not represented by a legal practitioner.

(3)

This clause has effect instead of section 20 (1) of the Commercial Arbitration Act 1984.

7Private hearing of disputes

A dispute is to be heard in private, unless the arbitrator or umpire otherwise directs.

8Costs of arbitration

For the purposes of section 34 (1) and (2) of the Commercial Arbitration Act 1984, and without limiting the fees and expenses of the arbitrator or umpire as referred to in section 34, the fees and expenses of the arbitrator or umpire are taken to include:

• (a)

  all costs incurred by the arbitrator or umpire, and

• (b)

  all costs incurred by the Tribunal,

in relation to the arbitration of a dispute, including administrative costs, costs incurred in engaging consultants and expert witnesses, and witnesses’ expenses.

Part 3Savings and transitional9References to Licence Compliance Advisory Board

A reference in any Act, in any instrument made under any Act or in any other instrument of any kind to the Licence Compliance Advisory Board is taken to be a reference to the Tribunal.

10Saving

Any act, matter or thing that had effect under the Independent Pricing and Regulatory Tribunal Regulation 1996 immediately before the repeal of that Regulation by the Subordinate Legislation Act 1989 is taken to have effect under this Regulation.